National: Super PAC Contributions Can Be Considered Bribes: Judge | Huffington Post

A district court judge on Monday dismissed four corruption charges against Sen. Robert Menendez (D-N.J.) and his donor Salomon Melgen, but denied motions to toss out other charges including, notably, the senator’s solicitation of contributions for a super PAC. Lawyers for the senator had asked the court to dismiss charges related to the $700,000 in contributions from Melgen to Senate Majority PAC, a super PAC run by former aides to Sen. Harry Reid (D-Nev.) that made independent expenditures to support Menendez’s 2012 reelection, which prosecutors allege were made in exchange for official acts. The basis for dismissal offered by Menendez’s lawyers were the Supreme Court’s 2010 Citizens United and 2013 McCutcheon decisions. Those two cases redefined corruption as only explicit bribery, excluding influence and access. The senator’s lawyers argued that this redefinition of corruption and Citizens United’s declaration that independent expenditures “do not give rise to corruption or the appearance of corruption” provided freedom of speech protections for all “efforts to influence and obtain access to elected officials,” including any campaign contribution.

National: General Services Administration kicks of search for new Federal Election Commission headquarters | Washington Business Journal

The Federal Election Commission could end up relocating its headquarters from 10th and E streets NW as part of a search process now ramping up. The General Services Administration posted a presolicitation to FedBizOpps.gov Wednesday seeking up to 105,000 square feet for the FEC, now based at 999 E St. NW under a lease that expires in September 2017. It is the latest in a small but growing batch of new prospectuses the GSA is pursuing for the federal government’s 2016 fiscal year.

National: It’s bold, but legal: How campaigns and their super PAC backers work together | The Washington Post

The 2016 presidential contenders are stretching the latitude they have to work with their independent allies more than candidates in recent elections ever dared, taking advantage of a narrowly drawn rule that separates campaigns from outside groups. For the first time, nearly every top presidential hopeful has a personalized super PAC that can raise unlimited sums and is run by close associates or former aides. Many also are being boosted by non­profits, which do not have to disclose their donors. The boldness of the candidates has elevated the importance of wealthy donors to even greater heights than in the last White House contest, when super PACs and nonprofits reported spending more than $1 billion on federal races. Although they are not supposed to coordinate directly with their independent allies, candidates are finding creative ways to work in concert with them.

National: High court to decide free-speech limits in political-retribution case | Los Angeles Times

The Supreme Court said Thursday it will decide an important question on the rights of the nation’s 22 million public employees: How far do free-speech rights go in protecting a public employee who is demoted or fired over his or her perceived political affiliations? In the past, the court has said public employees have 1st Amendment rights, including the right to speak out on public issues. But lower courts are split on whether these employees are always protected from political retaliation. The justices agreed to hear an appeal from a New Jersey police detective who was demoted to walking a beat after he was seen putting into his car a large campaign sign that supported a candidate who was trying to oust the mayor of Paterson.

National: Federal Election Commission employees: a bedraggled lot | Center for Public Integrity

Federal Election Commission employees — a generally unhappy lot for years — are even more unsatisfied with their jobs than before. That’s the bleak conclusion drawn from the 2015 Federal Employee Viewpoint Survey’s satisfaction index, which places the election law enforcer and regulator near the bottom of 41 small agencies ranked. The FEC received an employee “global satisfaction” score of 43 out of 100, down a point from last year and 12 points from 2010, according to the annual survey released today by the U.S. Office of Personnel Management. Only the Chemical Safety and Hazard Investigation Board (36) and African Development Foundation (18) received a lower score than the FEC among small agencies. The average score among small federal agencies is 62.

National: True the Vote seeks voter roll purge ahead of 2016 | MSNBC

A group with ties to the tea party and a Koch brothers-founded organization is helping election officials in North Carolina to remove thousands of duplicate registrations from the voter rolls ahead of next year’s elections. And it says it wants to do the same thing nationally. The effort, announced early Monday by Houston-based True the Vote, is aimed at removing duplicates—when a voter’s name mistakenly appears twice. True the Vote has been accused by critics in the past of using intimidating tactics and stoking unwarranted fear about voter fraud. True the Vote said it sent each of North Carolina’s 10 largest counties lists of potential duplicate registrations, based on similarities in the names, ages or addresses listed. It said five of the counties have told them they’re processing the data, and one, Guilford, has already removed 655 names from its rolls. True the Vote said it’s currently compiling similar data for the 10 largest counties in two other 2016 swing states, Ohio and Colorado.

National: Libertarians, Greens ready lawsuit against Commission on Presidential Debates | The Washington Post

The Libertarian Party and Green Party and their 2012 candidates for president are readying a legal complaint against the Commission on Presidential Debates, hoping that a new legal argument — an anti-trust argument — will break the “duopoly” that’s dominated the stage. The legal complaint, which was sent early to The Washington Post, argues that a “cognizable political campaign market” is being corrupted by the commission’s rules. The commission, a private entity set up after the League of Women Voters’ 1992 debates allowed third party candidate Ross Perot to participate, has withstood yearly assaults from the likes of Ralph Nader, Pat Buchanan, and former Congressman Bob Barr. None of them have gotten past a 1999 commission rule: No candidate gets onstage unless he or she is polling at 15 percent or better.

National: Everyone Counts raises funds to push internet voting into the mainstream | San Diego Union-Tribune

Election software firm Everyone Counts has raised $20 million in debt and equity financing to push its electronic voting technology into more county and state governments. The influx of capital comes as the San Diego company awaits federal certification for its secure digital voting system – expected no later than the first quarter of next year, said Chief Executive Lori Steele. Approval by the Election Assistance Commission would pave the way for county and state elections officials to offer digital voting via computers, tablets or smartphones – both in polling places and remotely. “The interesting thing is we will be the only software-based voting system that is hardware agnostic that is (EAC) certified – probably for the next two years,” said Steele on Thursday.

National: From Carter To California: Automatic Registration Is The New Endgame For Elections | Huffington Post

President Jimmy Carter took office in 1977 with the conviction that it should be easier for citizens to register to vote. To accomplish that goal, he wrote to Democratic secretaries of state that year urging them to support legislation that would allow voters to register on Election Day. “The continuing decline in American voter participation is a serious problem which calls for the attention of all of us in public life,” Carter wrote. Advisers to Carter and Vice President Walter Mondale had concluded that Election Day registration, which they called “universal registration,” would boost low turnout rates. They cited laws passed in Minnesota and Wisconsin after the 1972 election that allowed citizens to register at the polls, which placed both states in the top five for highest turnout in 1976. But tucked away in their correspondence about the election reform proposals was an acknowledgment that the United States’ neighbor to the north had made it even easier for citizens to vote, by registering them automatically with government data.

National: Alex Halderman Strengthens Democracy Using Software | Popular Science

In 2010, the District of Columbia decided to test its online absentee voter system. So officials held a mock election and challenged the public to do their best to hack it. It was an invitation that Alex Halderman, a computer-security expert at the University of Michigan, couldn’t resist. “It’s not every day that you’re invited to hack into government computers without going to jail,” he says. In less than 48 hours, Halderman and his students gained complete control of the system and rigged it to play the Michigan fight song each time a vote was cast. The students were ecstatic, but Halderman, who has a long history of exposing cybersecurity weaknesses, takes a more sober view. “This is the foundation of democracy we’re talking about,” he says.

National: Presidential Proclamation on National Voter Registration Day | whitehouse.gov

The right to vote is a cornerstone of what it means to be a free people: It represents the bedrock tenets of equality and civic participation upon which our Nation was founded. Throughout American history, courageous patriots of every background and creed have fought to extend this right to all and to bring our country closer to its highest ideals. Voting is vital to a principle at the core of our democracy — that men and women of free will have the capacity to shape their own destinies. On National Voter Registration Day, we recommit to upholding this belief by encouraging all eligible Americans to register to vote and exercise this essential right.

National: What Happens To All That SuperPAC Money When A Candidate Drops Out | NPR

Opportunity and Freedom PAC, and its two siblings, Opportunity and Freedom PAC numbers 1 and 2, were meant to be heavyweight sluggers for Republican Rick Perry, providing big-budget support for his second presidential bid. But Perry himself turned out to be a welterweight at best. The former Texas governor entered the race late, raised a skimpy $1.1 million by June 30 and “suspended” his campaign barely two months later. “We had a plan,” political consultant Austin Barbour, senior advisor to the superPACs, told NPR. “To me it also represents the peak of spending absolutely foolish money. It’s not rational, but I love it.”

National: The Dismal State of America’s Decade-Old Voting Machines | Kim Zetter/Wired

As the US presidential election season heats up, the public has focused on the candidates vying for the nation’s top office. But whether Donald Trump will secure the Republican nomination is secondary to a more serious quandary: whether the nation’s voting machines will hold up when Americans head to the polls in 2016. Nearly every state is using electronic touchscreen and optical-scan voting systems that are at least a decade old, according to a report by the Brennan Center for Justice at New York University School of Law (.pdf). Beyond the fact the machines are technologically antiquated, after years of wear and tear, states are reporting increasing problems with degrading touchscreens, worn-out modems for transmitting election results, and failing motherboards and memory cards. States using machines that are at least 15 years old include Florida, Kentucky, Massachusetts, New Hampshire, Texas, Virginia, and Washington, which means they are far behind even a casual tech user in keeping pace with technological advancements. The average lifespan of a laptop computer is three to five years, after which most consumers and businesses replace their machines. Computer users also generally upgrade their operating systems every other year or so as Microsoft and Apple release major software overhauls—including security upgrades. But US voting machines, which are responsible for overseeing the most important election in the country, have failed to keep up. “No one expects a laptop to last for 10 years. How can we expect these machines, many of which were designed and engineered in the 1990s, to keep running?,” write Larry Norden and Christopher Famighetti, authors of the Brennan Center report. “[T]he majority of systems in use today are either perilously close to or past their expected lifespans.”

National: America’s Aging Voting Machines Could Present Election Problems | NPR

Voting machines around the United States are coming to the end of their useful lives. Breakdowns are increasingly common. Spare parts are difficult, if not impossible, to find. That could be a serious problem for next year’s presidential elections. Allen County, Ohio, election director Ken Terry knows how bad things can get. In the last presidential election, he had to replace the Zip disks — a 1990s technology — in the main machine his county uses to count votes. The disks are no longer made. And when he finally got some from the voting machine manufacturer: “They actually had a coupon in them. They were sealed and everything. And the coupon had expired in … 1999,” he said. And, to make matters worse, Terry said his voting machines use memory cards that hold only 250 megabytes of data — a tiny fraction of what you can store today on a $6 thumb drive. “You know, by today’s standards that’s just absurd,” he said.

National: Startup spirit helps Omaha company ES&S innovate, thanks to Straight Shot incubator | Omaha World Herald

It can be hard in a big company for a small idea to get the attention it deserves. Sometimes, perhaps the big company should think like a startup.
That’s what Omaha-based Election Systems & Software did: carved out a small team and sent its members to startup school to develop an idea that could make voting a better process throughout the United States and beyond. ES&S Director of Emerging Technologies Rob Wiebusch and Director of Innovations Shari Little last week finished a three-month stint at the Straight Shot Accelerator, where they refined their early concept at improving voting. They want to use data to help election administrators make smarter decisions at polling places. Omaha’s ES&S makes electronic voting machines used around the world. Even though it’s the world’s leading provider of voting equipment and election support services, the company’s management said a startup mindset is what ES&S needs to maintain its lead in the business. So ES&S sent Wiebusch and Little to the 90-day startup accelerator program in June to come up with the nuts and bolts of a new product offering that will aim to make voters’ experiences at the polls go more smoothly.

National: Electronic voting machines in 43 states are out of date, study shows | Politico

When Americans head to the polls for next year’s presidential election, 43 states will be using electronic voting machines that are at least a decade old, according to a new study from New York University School of Law’s Brennan Center for Justice released Tuesday. And the price tag for replacement machines could top $1 billion. Fifteen years after the term “hanging chad” entered the American political lexicon, and Congress appropriated $2 billion to move to electronic voting systems to avoid a future conundrum, those same electronic systems are still in use in many jurisdictions. “No one expects a laptop to last for 10 years. How can we expect these machines, many of which were designed and engineered in the 1990s, to keep running without increased failures?” said Lawrence Norden, deputy director of the Center’s Democracy Program, and co-author of the study, in a statement. “Old equipment can have serious security flaws, and the longer we delay purchasing new machines, the higher the risk. To avoid a new technology crisis every decade, we must plan for and invest in voting technology for the 21st century.”

National: The Policy Ramifications of Increasing Voter Turnout | The Atlantic

In 2014, just 41.9 percent of the voting-age citizen population of the United States voted. But the people who voted are not only in the minority, they form an unrepresentative minority. Millions of Americans are too young to vote. Others are disenfranchised felons, unable to vote for health reasons, missed registration deadlines, stuck at work, dissuaded by voter ID laws. In many salient ways, voters are not like nonvoters: voters are richer, whiter, and older than other Americans. And my new report, Why Voting Matters, shows how their votes produce a government that caters to their interests—and how boosting turnout would lead to a more representative democracy. Political scientists once accepted the idea that voters were a “carbon copy” of the nonvoting population. In 1999, Benjamin Highton and Raymond E. Wolfinger summarized this consensus, writing that, “simply put, voters’ preferences differ minimally from those of all citizens; outcomes would not change if everyone voted.” More recently, though, that view has come under attack. Jan Leighley and Jonathan Nagler, a pair of political scientists, argue that gaps between voters and nonvoters are real and have widened, and that the divergence in their views is particularly acute on issues related to social class and the size of government. However, measures that examine a one dimensional left-right axis obscure these divides.

National: Faulty Voting Machines Put US Democracy at Risk | Al Jazeera America

Fifteen years after voting problems in Florida left the United States without a clear winner in its presidential election for five traumatizing weeks, a disturbing proportion of voting machines in use across the nation are old and prone to malfunction, according to the findings of a major new study issued Tuesday by the Brennan Center for Justice at the NYU School of Law. From counties still using analog modems, dot-matrix printers and software that works only with Windows 2000 to touchscreen machines with surfaces so degraded that votes can be recorded for the wrong candidates, the the 68-page report raises alarms about the condition of election equipment and the potential for Election Day 2000-style failures. Forty-three states have counties using machines that will be at least 10 years old by Election Day 2016, and counties in 14 states will be using machines that will be more than 15 years old, co-authors Lawrence Norden and Christopher Famighetti found. They put their national estimate for replacement equipment at more than $1 billion, but they believe that using off-the-shelf technology like tablet computers could considerably reduce immediate and long-term expenses.

National: Hanging chad redux? Old voting devices could create new crisis, report finds | The Guardian

The United States is heading for another catastrophe in its voting system equivalent to the notorious “hanging chad” affair that shook the country in 2000 and propelled George W Bush into the White House, experts on electoral procedures are warning. The voting technology deployed by most states around the country is now so antiquated and unreliable that it is in danger of breaking down at any time, the experts say. Some states are having to go on eBay to buy spare parts for machines that are no longer manufactured. The extent of decay in America’s electoral infrastructure is laid bare in a new report from the Brennan Center, a nonpartisan institute at the New York University School of Law specializing in democracy and justice. Having consulted more than 100 voting specialists in all 50 states, the center concludes that the country is facing an impending crisis in the way it conducts elections. As Louisiana’s secretary of state Tom Schedler put it to an official hearing recently: “It’s getting a little scary out there.”

National: Restoring the Voting Rights Act Now Has Bipartisan Support | The Nation

On June 2015—the second anniversary of the Supreme Court’s decision gutting the Voting Rights Act (VRA)—congressional Democrats introduced ambitious new legislation to restore the VRA. Last night, Senator Lisa Murkowski of Alaska became the first Republican to cosponsor the bill, known as the Voting Rights Advancement Act of 2015. The bill compels states with a well-documented history of recent voting discrimination to clear future voting changes with the federal government, requires federal approval for voter ID laws, and outlaws new efforts to suppress the growing minority vote. Murkowski explained her support for the legislation in a statement to The Nation:

The Voting Rights Act of 1965 brought an end to the ugly Jim Crow period in American history. It is fundamentally important in our system of government that every American be given the opportunity to vote, regardless of who they are, where they live, and what their race or national origin may be.

National: Social media ready to cash in on 2016 election | The Hill

Tech firms are courting campaigns ahead of the 2016 presidential election, where budgets for digital advertising are expected to reach new highs. The election will be tweeted, googled, snapped, liked on Facebook, and shared on numerous other social media platforms. And Silicon Valley is hoping to turn that engagement into big profits. While billions will be spent on political advertising over the next year, television remains the prime mover and budgets for digital ads trail traditional media. But even by one recent estimate from Borrell Associates, 9.5 percent of political media budgets could go towards digital media — a total of $1 billion.

National: Hillary Clinton proposes campaign finance overhaul to limit influence of big donors | The Guardian

Hillary Clinton is proposing a slate of campaign finance reform measures aimed at limiting political donations by corporations and large donors while increasing transparency in election spending. Clinton, who is seeking the nomination to be the Democratic candidate in the November 2016 presidential election, identified measures she would pursue if she became president. Among them are rules requiring greater disclosure of political spending, including by publicly traded companies and US government contractors, and a program that would provide matching funds for small donations to presidential and congressional candidates. “We have to end the flood of secret, unaccountable money that is distorting our elections, corrupting our political system and drowning out the voices of too many everyday Americans,” Clinton said. “Our democracy should be about expanding the franchise, not charging an entrance fee.”

National: The rise of dark money in 2016, unlimited and anonymous | Miami Herald

It looks like any political ad, opening with Sen. Marco Rubio warning that “evil is confronted or defeated, or it grows and it spreads.” A narrator marks the day President Barack Obama announced the Iran deal, a nuclear bomb exploding on the screen. “Congress can stop it,” the ominous voice says. “Marco Rubio is leading the fight. Tell your senators to join Marco Rubio and defeat Obama’s deal with Iran.” Shown nationally on Fox News as Rubio runs for president, the ad is not from the Florida Republican’s campaign or one of the super PACs that has injected hundreds of millions into politics. It is the work of a nonprofit group — and you will never know who paid for it. On the surface, the ad was a failure; Obama secured the votes Wednesday to withstand a congressional challenge to the Iran deal. But the seven-figure buy enhanced Rubio’s profile and underscores a major shift in politics. Nonprofits long have been used by organizations aligned with political bents, including the Sierra Club and the NRA, to promote “social welfare.” Then came the landmark 2010 U.S. Supreme Court decision Citizens United, which said corporations and unions were effectively the same as individuals and could spend directly on politics.

National: Hillary Clinton Unveils Campaign-Finance Plan | Wall Street Journal

Hillary Clinton is rolling out a policy plan Tuesday aimed at lifting the veil on some of the wealthy donors who have bankrolled political campaigns while taking advantage of laws that allow them to remain anonymous. Mrs. Clinton, who along with her husband has been among the most prodigious fundraisers in U.S. history, is also proposing ways to give candidates more incentives to collect money from small donors. Since entering the race in April, Mrs. Clinton, the Democratic presidential front-runner, has said she wants to impose new restraints on campaign spending to restore people’s confidence in the political system. Along with her top rival for the Democratic nomination, Vermont Sen. Bernie Sanders, she has taken aim at a 2010 Supreme Court ruling that gave rise to political-action committees known as super PACs, which are permitted to raise unlimited sums of money on behalf of candidates.

National: Court Cases Leave States Stuck in Redistricting Limbo | Stateline

The drawing of legislative districts is supposed to be a once-a-decade process, completed shortly after the U.S. Census Bureau provides updated population numbers. But in some states, the map-drawing based on the 2010 count—the most litigious in recent memory—is still dragging on. Courts will likely draw maps for Florida and Virginia after legislators in those states failed to agree on new maps to replace earlier ones thrown out by judges. Alabama may need to redraw its district lines after the Legislative Black Caucus went to court arguing that Republican state legislators drew them to reduce the voice of minority voters. Democrats in Wisconsin are arguing that GOP lawmakers did the same to their voters. And a case in Texas could change the “one man, one vote” standard. Though in some states commissions are responsible for drawing U.S. congressional and state legislative maps, in most it is up to state legislators to do the job.

National: With flourish, Trump rejects independent bid if he loses GOP nomination | Los Angeles Times

With his typical showmanship and a hint of the absurd, Donald Trump promised Thursday to forgo an independent bid for the White House if he loses his quest for the Republican nomination, a move that was aimed at easing worries of the party establishment but may only serve to boost his unpredictable, rogue campaign. Standing in the opulent and packed lobby of his Trump Tower in midtown Manhattan, Trump held up the document — which was mistakenly dated Aug. 3 instead of Sept. 3. — at a midday news conference and declared he was “pledging allegiance to the Republican Party and the conservative principles for which it stands.” … Republican Party officials circulated the 70-word pledge to all 17 GOP candidates this week, but the effort was aimed squarely at the one leading the pack in most polls. The billionaire celebrity was the only top-tier candidate who would not publicly promise to rule out an independent bid in the general election when he was asked to do so at the first primary debate last month.

National: RNC asks candidates to sign loyalty pledge, boxing in Trump | The Washington Post

The Republican National Committee, in a move designed to box in Donald Trump and prevent him from a third-party run, on Wednesday asked the party’s presidential candidates to sign a loyalty statement vowing not to run as an independent or third-party candidate in the general election. Trump and RNC Chairman Reince Priebus plan to meet Thursday in New York, according to a Trump campaign spokeswoman. Trump has scheduled a 2 p.m. news conference where he could make an announcement about the RNC pledge. All summer, Republican leaders have been trying to prevent Trump, the billionaire businessman who has rocketed to the top of GOP polls, from running as an independent candidate if he does not win the Republican nomination.

National: Deep in minority, Dems look to redistricting for hope | The Hill

Facing long odds at retaking the House, Minority Leader Nancy Pelosi (D-Calif.) and House Democrats are pushing hard for redistricting reform as a potential route back into control of the lower chamber. The legislation is not new –– many Democrats, including Pelosi, have been advocating for independent redistricting panels for at least a decade –– nor is it going anywhere in a Congress led by Republicans who are benefitting handsomely under the current process. But Pelosi’s co-sponsorship of this year’s reform proposal marks a rare move for a party leader who seldom lends an official signature to individual bills. Her formal endorsement is both an escalation of support for non-partisan redistricting and an indication that Democratic leaders want to rein in gerrymandering and lay the groundwork for reform heading into the 2016 elections.

National: Bloated U.S. voter rolls could lead to lawsuits | Washington Times

America’s voter rolls are so bloated that dozens of counties have more people registered than there are adults living there, according to two new studies released Thursday that the authors said could lead to lawsuits forcing states to clean things up. True the Vote, a Texas group that works for clean elections, counted 136 counties with voter registration rates of more than 100 percent of their adult population. Meanwhile the Public Interest Legal Foundation, a public interest law firm based in Alexandria, used a slightly different methodology and counted 141 counties. And an increasing number are mid- and large-sized ones — the kind that should have enough resources to police their voter rolls, but just aren’t getting to it, said Logan Churchwell, research director for True the Vote.

National: Election Assistance Commission says state’s can use federal election grants to pay for voter fraud investigation | Associated Press

States are free to use federal grant money intended to improve how elections are run in order to pay for criminal investigations of potential voter fraud, the U.S. Election Assistance Commission has ruled. The commission’s opinion is a relief to election officials in Iowa, who will not have to pay back $240,000 in federal money that was used for a voter fraud investigation that ended last year. But critics of Iowa’s investigation said they were surprised that the commission found that Help America Vote Act funding could be used for such a purpose, and worried that other states could follow suit. “It seems like a real stretch,” said Tom Courtney, an Iowa Democratic state senator who asked the commission’s inspector general to investigate the spending nearly three years ago. “But now with this ruling in their pocket, Iowa and other states might say, ‘all right.’ ” Months before the 2012 presidential election, then-Iowa Secretary of State Matt Schultz reached an agreement to pay the salary and expenses of a full-time Iowa Division of Criminal Investigation agent for two years to look into “instances of potential criminal activity” related to voting and elections. The investigation led to charges against 10 non-U.S. citizens and 16 ex-felons accused of casting ballots despite not having voting rights.